Comments of XIV Ordinary General Assembly of the Synod of Bishops on Instrumentum Laboris Concerning Matrimonial Procedures

Abstract

The study presents an opinion concerning the possibility of shortening matrimonial procedures according to the idea of Pope Francis. The author, basing on the reflections of J. Habermas i T. Shaffer, points out that the most important thing in matrimonial procedures is the direct contact of the judge with the parties and witnesses. The oral contentious process undoubtedly serves this purpose, since it involves a cooperative meeting and acknowledging procedural conditions of exchanging arguments and taking a decision, thus showing their priority over making purely logical conclusions based on opinions or norms.